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(영문) 서울고등법원 2017.12.22 2017나2027301
보증금반환
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay KRW 300,000,000 to the Plaintiff as well as its related amount from September 30, 2016.

Reasons

1. Basic facts

A. On July 17, 2006, the Plaintiff entered into a lease agreement with D, the owner of the real estate listed in the separate sheet (hereinafter “instant real estate”) on July 17, 2006, setting the lease agreement between KRW 300 million as to the instant real estate and the lease term from August 18, 2006 to August 17, 2008 (hereinafter “instant lease agreement”).

However, the above contract was prepared by E, a tenant, who was present at the D's representative.

(2) After receiving the instant real estate from D on August 18, 2006, the Plaintiff completed the move-in report on August 23, 2006 and obtained the fixed date on the same day.

B. On February 7, 2007, the Plaintiff obtained a loan of KRW 150 million from the Hyundai Swiss Savings Bank as security for the lease deposit with respect to the instant real estate.

(2) On the other hand, on February 22, 2007, the right to collateral security, “debtor D, I, and the maximum debt amount of KRW 300 million,” was established on the instant real estate, and revoked on May 3, 2007. On the same day, the right to collateral security, “the debtor J-mortgage, Gyeonggi-do Mutual Savings Bank, and the maximum debt amount of KRW 840 million,” was established.

In addition, on June 4, 2007, the right to collateral security was established, "the debtor D, the mortgagee of the right to collateral security, sulgina, the maximum debt amount of 7220,1200,000 won," and the right to collateral security was changed to the mortgagee of the right to collateral security on June 23, 201, following the transfer of the confirmed claim.

On June 5, 2007, the registration of the establishment of a neighboring mortgage was cancelled on June 5, 2007.

On August 3, 2007, "mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-backed debt-

(3) On the application of a mortgagee-mortgage-in insululgn company with respect to the instant real property, the voluntary auction procedure commenced on October 8, 2008 with Seoul Eastern District Court L, but on September 22, 2009.

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